Drainage easements shall be required where a development or redevelopment is traversed by a drainageway, channel or stream. The following conditions shall apply to all easements:
A. A stormwater easement or drainage right of way shall conform substantially with the lines of the drainageway, channel or stream.
B. Measures shall be taken to prevent down gradient impacts as a result of new development or redevelopment where no conveyance system exists at the adjacent down gradient property line or stream, and the discharge was previously unconcentrated flow or significantly lower concentrated flow.
C. Easements may not be obstructed by structures, including fences, or filled.
D. Easements shall be of a width for construction, or maintenance, or both, as will be adequate for the purpose. Width must be able to convey the 100-year, 24-hour storm and shall be no less than twenty feet (20') wide. Parallel streets or parkways may be required in connection therewith.
E. The costs of repairs, maintenance, removing structures or other drainage impediments shall be the responsibility of the grantor. Should the grantor neglect to do so, easement terms must allow for the city of Pocatello to perform maintenance and repairs on said stormwater management facility(ies). For the purpose of inspection, maintenance and repair, the easement must ensure access from public right of way to stormwater facilities and drainageways.
F. Easements shall be approved by the city of Pocatello prior to approval of a final plat or issuance of a certificate of occupancy and shall be recorded with Bannock County and on all property deeds.
G. A deed of easement shall be recorded prior to the stormwater certificate of completion. (Ord. 2944, 2015)